There is an uncertainty over selection of a formally recognised Opposition party and the Leader of Opposition in the 17th Lok Sabha.
There is no provision in the Constitution or in the Lok Sabha Rules of Procedure in regard to the recognition of the LoP.
By convention, an Opposition party can claim to have a Leader of Opposition in any of the houses provided the party has won 10% of the seats (55 in the Lok Sabha, which is a 543-member house).
There was no Leader of Opposition till 1969 and the concept emerged only after the break-up of erstwhile Congress party in power. The 10% condition was put forward by GV Mavalankar, the first Lok Sabha speaker. Mavalankar had ruled in the Lok Sabha that the strength of the main Opposition party, to be officially recognised as such, must be equal to the quorum of the house. Quorum is equivalent to 10% of the members.
The statutory definition of the Leader of Opposition has been provided in the Salary and Allowances of Leader of Opposition Act of 1977. According to the Act, Leader of Opposition will be from the Opposition party having the greatest numerical strength and recognised as such by the Lok Sabha Speaker or the Rajya Sabha Chairperson in the respective houses.
The 1977 Act has not set the 10% condition as a prerequisite for Leader of Opposition. The 10% condition for LoP has been incorporated in Direction 121(1) in Parliament (Facilities) Act 1998.
Leader of Opposition in the Lok Sabha is an important position as the LoP is involved in appointments to key offices including that of the Lokpal, CBI director, chief vigilance commissioner, chief information commissioner and the chairperson of the NHRC
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